SAN JACINTO COUNTY, Texas (KTRK) -- The case involving the San Jacinto County mass shooting suspect will go to a grand jury and it's likely authorities will upgrade the five first-degree murder charges to capital murder, according to San Jacinto County First Assistant District Attorney Rob Freyer.
If officials have aggravating factors to support Francisco Oropeza's charges, they will be upgraded. San Jacinto County District Attorney Todd Dillon has 90 days to present the case.
Criminal Defense Attorney Kent Schaffer, who is not affiliated with the case, told ABC13 several factors are considered when evaluating whether a capital murder charge is necessary. That includes multiple murders and if a child under age 10 was killed. Oropeza is accused of doing both. The youngest victim in Friday's shooting was in third grade.
"Because of the county where the case would be tried, the court system there, the prosecution, the types of jurors they're gonna get, which are mostly rural conservative jurors, I think it's a pretty fair bet this guy is gonna get hit with five death penalty sentences," Schaffer said.
Oropeza is being held on a $7.5 million bond. As for the other two people charged in the case, both are accused of helping Oropeza while he was on the run.
Divimara Nava, who is the suspect's domestic partner, allegedly admitted to investigators she knew Oropeza arrived early Tuesday at the home where he would be arrested hours later.
Investigators said Nava went out and got donuts for him after he took a shower.
She is being held on a $250,000 bond in Montgomery County on a hindering the apprehension of a felon charge.
Below is a photo of Nava during her court appearance on Wednesday.
The couple has a child together. Eyewitness News asked investigators about the minor.
"I have no information on where I believe the minor is at this time," an official said.
The third person charged is Domingo Castilla, a neighbor and friend of Oropeza who police believe may have been helping him while on the run.
Castilla is being held in San Jacinto County for a possession of marijuana charge, but more charges are expected.
Freyer said it is possible more people could face charges.